One of the counsels to Engr Ibrahim Shehu the Zamfara PDP gubernatorial aspirants for 2023, Barr. Ibrahim Ali said the grounds of appeal instituted by Dauda Lawal at the Court of Appeal against the judgment of the Federal High Court Gusau has been challenged by the defense team led by Senior Advocate of Nigeria YC Mai Kyau.
Ali who spoke to journalists at the end of the hearing in the appeal filed by Dauda Lawal in Sokoto on Monday insisted that, the defense team has provided substantial arguments as to why the appeal by Dauda shall be set aside by the appellate court noting that, their counterarguments are backed by substantial authorities and decided cases of the Supreme Court of Nigeria.
On the arguments canvassed by D.D Dodo SAN counsel for Dauda Lawal, that the trial judge erred in law by issuing a consequential order disqualifying Dauda Lawal as the PDP governorship candidate Ali argued that, it is within the discretion of the court to issue any order deemed fit even if such order/relief has not been sought for.
“Even the case of Senator Marafa versus Yari in 2019, is a good example. The plaintiff did not ask the court to disqualify the APC candidate and declare the second runner candidates as winners of the election, but court in its wisdom disqualified the APC candidates and announced the candidates of the second runner party as winners of the 2019 elections in Zamfara”.
Ali further said, the Court of Appeal will determine whether enforcement of Section 82(1) in the conduct of the primary election by political parties is mandatory, noting that, they have argued beyond reasonable doubt why the judgment of the trial court shall be affirmed.
Regarding the withdrawal of some applications filed by both parties at the Monday’s proceeding, Ali said there has no cause for alarm
